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{{short description|none}} <!-- "none" is preferred when the title is sufficiently descriptive; see [[WP:SDNONE]] -->
{{good article}}
{{Infobox legislation
{{Infobox legislation
|short_title = Russian Citizenship Act
|short_title = On Citizenship of the Russian Federation<br />{{lang|ru|О гражданстве Российской Федерации}}
|legislature = [[Parliament of Russia]]
|legislature = [[Federal Assembly (Russia)|Federal Assembly]]
|image = Coat of Arms of the Russian Federation.svg
|image = Coat of Arms of the Russian Federation.svg
|imagesize =
|imagesize =
|imagealt =
|imagealt =
|caption =
|caption =
|long_title = An Act relating to Russian citizenship
|long_title =
|citation = N 62-ФЗ
|citation = [http://pravo.gov.ru/proxy/ips/?docbody=&nd=102076357 N 62-ФЗ]
|territorial_extent = Russia
|territorial_extent =
|enacted_by = [[Government of Russia]]
|enacted_by = [[Federal Assembly (Russia)|Federal Assembly]]
|date_enacted =
|date_enacted =
|date_passed =
|date_passed =
Line 18: Line 20:
|royal_assent =
|royal_assent =
|date_signed = 31 May 2002
|date_signed = 31 May 2002
|signed_by = President of Russia
|signed_by = [[President of Russia]]
|date_commenced = 1 July 2002
|date_commenced = 1 July 2002
|date_of_expiry =
|date_of_expiry =
Line 45: Line 47:
|amendments =
|amendments =
|repeals =
|repeals =
|related_legislation = [[Constitution of Russia]]
|related_legislation =
|summary =
|summary =
|keywords =
|keywords =
|status = current
|status = amended
}}
}}


'''Russian citizenship law''' details the conditions by which a person holds [[citizenship]] of [[Russia]]. The primary law governing citizenship requirements is the federal law "On Citizenship of the Russian Federation" ({{langx|ru|link=no|О гражданстве Российской Федерации}}, {{transl|ru|O grazhdanstve Rossiyskoy Federacii}}), which [[Coming into force|came into force]] on 1 July 2002.
{{Politics of Russia|expanded=Foreign}}


Any person born in Russia to at least one Russian parent, or born overseas to two Russian parents receives Russian citizenship at birth.<ref>{{cite web |title=Russian Federation Federal Law on Citizenship of the Russian Federation |url=https://data.globalcit.eu/NationalDB/docs/Consolidated%20Federal%20Law%20of%2031.05.2002%20N%2062-FZ%20(with%20amendments%20until%2028.06.2009)%20Citizenship%20Law.pdf |website=globalcit.eu |access-date=April 14, 2024 |date=2003}}</ref> Foreign nationals may become citizens by admission after meeting a minimum residence requirement (usually five years), proving a legal source of income, and demonstrating proficiency in the [[Russian language]].
'''Citizenship of Russia''' is regulated by the [[Law of Russia|Federal Act]] regarding [[citizenship]] of the [[Russian Federation]] (of 2002, with the amendments of 2003, 2004, 2006), by the [[Constitution of Russia|Constitution of the Russian Federation]] (of 1993), and by the international [[treaty|treaties]] that cover citizenship questions and to which the Russian Federation is a party. In accordance with the supremacy clause of the Constitution, international treaties of the Russian Federation have precedence over [[Law of Russia|Russian domestic law]].<ref>
{{cite web|author= 02.05.2012
|url= http://english.pravda.ru/society/stories/02-05-2012/120996-russian_children-0/
|title= Russian children born abroad to be protected from foreign care
|publisher= English pravda.ru |access-date= 2012-11-18}}
</ref>


Russia was previously a part of the [[Soviet Union]] and its residents were [[Soviet nationality law|Soviet citizen]]s. Following the [[dissolution of the Soviet Union]], all [[post-Soviet states]] established separate citizenship laws. Although citizens of the former [[Republics of the Soviet Union|Union Republics]] are no longer Soviet, they continue to be eligible for a facilitated acquisition of Russian citizenship in which they can be exempted from some requirements for admission as Russian citizens.
==Terminology==
In the [[Russian language]], there is a distinction between citizens of Russia, referred to as ''Rossiyane'' (plural, {{lang-ru|россияне}}; masc. singular россиянин ''Rossiyanin'' and fem. singular россиянка ''Rossiyanka''), and [[Russians|ethnic Russians]], referred to as ''Russkie'' ({{lang|ru|русские}}). The word ''Rossiyane'' is used much more often than ''Russkie'' in media and official documents. Those who have received Russian citizenship via naturalisation are also called Rossiyane, regardless of ethnicity and mother tongue (for example, [[Gérard Depardieu]] or [[Viktor Ahn]]). The word ''Rossiyane'' was coined by [[Mikhail Lomonosov]] in the 18th century{{Citation needed|date=June 2016}}.


The completely new citizenship law of 28 April 2023 138-FZ entered into force on 26 October 2023, and at that moment the old law 62-FZ, which had been in force for more than 20 years, ceased to be in force.<ref>https://мвд.рф/mvd/structure1/Glavnie_upravlenija/guvm/news/item/42978546/</ref><ref>https://www.advgazeta.ru/ag-expert/advices/novyy-zakon-o-grazhdanstve-chto-vazhno-znat/</ref>
==History==
The [[Tsardom of Russia]] became a [[multinational state]] in the 16th century. The word ''Rossiyane'', coined by Lomonosov, has been widely used since then. After the [[October Revolution|fall of the Russian Empire]], the expression "[[Soviet people]]" was used for the [[Demographics of the Soviet Union|population of the Soviet Union]], regardless of ethnicity. After the [[dissolution of the USSR]], the word ''Rossiyane'' became widely used again.


== Terminology ==
===Post-Soviet Union===
The distinction between the meaning of the terms [[citizenship]] and [[nationality]] is not always clear in the English language and differs by country. Generally, nationality refers a person's legal belonging to a country and is the common term used in international treaties when referring to members of a [[State (polity)|state]]; citizenship refers to the set of rights and duties a person has in that country.{{sfn|Kondo|2001|pp=2–3}}
Until 1990, the [[Russian Soviet Federated Socialist Republic]] (RSFSR) was a subject of the Soviet federation. In 1990, state sovereignty of the RSFSR was declared, though the [[USSR]] was not abolished until the end of 1991. Article 11 of the declaration of state sovereignty introduced RSFSR citizenship. The text of the citizenship act was ready in the summer of 1991, but was not adopted by the [[Supreme Soviet of Russia|Supreme Council]] (the [[legislative body]] of the RSFSR) until November 28, 1991. On January 23, 1992 some changes with respect to the [[dissolution of the USSR]] were applied to the text; the result was signed by the President and finally came into force after publication on February 6, 1992.


The [[Constitution of Russia]] provides differing definitions for both terms; citizenship is the status given to an individual indicating the state which exercises jurisdiction over that particular person and nationality refers to a person's [[ethnic group]]. Soviet regulations required a person's nationality to be indicated on their [[Passport system in the Soviet Union|internal passport]], determined by the nationality of their parents. If their parents' nationalities differed, they could choose either nationality. [[Internal passport of Russia|Russian internal passport]]s since the 1990s have omitted this information completely. In the Russian context, the two terms are not interchangeable and cannot be used as a synonym for the other.{{sfn|Salenko|2012|pp=1–3}}
===Citizenship act of 1991===
In accordance with Article 13, former Soviet citizens among permanent residents on February 6, 1992 of the RSFSR were recognized as RSFSR citizens. Those who expressed their will not to become RSFSR citizens until February 6, 1993 were not recognized as RSFSR citizens. Supreme Council decree N 5206/1-1 recognized the following as Russian citizens:


== History ==
* those who left the RSFSR before February 6, 1992 for study, work, treatment, or personal reasons and returned after February 6, 1992
* military personnel of RSFSR abroad


=== Romanov Russia ===
Former Soviet citizens who were born on December 30, 1922 or later on Russian territory or to a Soviet citizen who was a permanent resident of the RSFSR at the birth of his or her were recognized as if they had been RSFSR citizens by birth (see [[#Case of Smirnov (1996)|Case of Smirnov]]).
Before the concept of citizenship was codified in legislation, inhabitants of the [[Tsardom of Russia]] and the [[Russian Empire]] personally owed [[allegiance]] to the [[List of Russian monarchs|Russian monarch]]. There were no general requirements for becoming a Russian subject until the 16th century, when it became customary to treat any person who had been [[Baptism|christened]] by the [[Russian Orthodox Church]] as having acquired subjecthood. Foreigners who wished to become Russian subjects were required to swear an oath of personal fealty to the Russian monarch beginning with the reign of [[Peter the Great]]. The oath used during this time required the subject to pledge themself as an "obedient slave and eternal subject with my family" of the sovereign and remained unchanged until 1796, when the word "slave" was removed.{{sfn|Salenko|2012|p=3}}


Provincial governments held wide discretion in determining who could be naturalized as Russian subjects until 10 February 1864, when the imperial government introduced a five-year residence requirement and shifted authority over naturalization from provincial authorities to the [[Ministry of Internal Affairs of the Russian Empire]]. The residence requirement could be reduced for individuals who performed an extraordinary service for the Russian state, were especially talented or highly skilled in a scientific field, or made significant investments in the empire. The term "citizenship" became introduced in this reform as a different name for the concept of subjecthood.{{sfn|Salenko|2012|pp=3–4}}
[[Image:Russian ePassport.jpg|thumb|upright|[[Russian passport]]s are a visible feature of Russian citizenship]]


Russian women who married foreign men automatically lost Russian subject status. A formerly Russian widow or divorcée who had lost her Russian subject status through marriage could petition a provincial authority for restoration of that status. Other Russian subjects could separately apply for the end of their subjecthood through the Ministry of Internal Affairs with approval from the [[Emperor of all the Russias|emperor]]. Any person who became a foreign subject or citizen without prior government approval could be punished by the deprivation of their rights or [[Katorga|banishment to Siberia]].{{sfn|Salenko|2012|p=4}}
Russian citizenship can be acquired:


=== Revolutionary Russia and Soviet Union ===
* by birth
{{See also|Soviet nationality law}}
* by registration
* by naturalization
* by restoration of citizenship
* by opt
* by following parents' citizenship


After the [[October Revolution]] in 1917, the new [[Russian Soviet Federative Socialist Republic]] (RSFSR) government abolished all previous imperial legislation. Prevailing [[Bolsheviks|Bolshevik]] theory at the time considered communism to be an international movement, which became reflected in citizenship regulations in the new state. Under the [[Soviet Russia Constitution of 1918|1918 Russian constitution]], local [[Soviet (council)|soviet]]s were empowered to directly grant foreigners Soviet citizenship, particularly intended for those belonging to the [[peasant]] and [[working class]]es. No specific procedures were required to become a Soviet citizen during this time other than obtaining local authority approval.{{sfn|Sandifer|1936|pp=614–615}} While this model of citizenship acquisition was quite simple and expeditious, contemporary regulations also allowed for citizenship deprivation at any time at the sole discretion of the central government as a deterrence against "the enemies of Soviet power".{{sfn|Salenko|2012|pp=4–5}}
===Compatriots act of 1999===
In 1999, in spite of the veto of the President, the [[Federal Assembly (Russia)|Federal Assembly]] adopted the Act on the state policy on compatriots abroad.<ref>{{cite web|url=http://www.scipio.fatal.ru/soot.html|title=Act on the state policy on compatriots abroad|publisher=Scipio.fatal.ru|access-date=2012-11-18|archive-url=https://archive.is/20130416182357/http://www.scipio.fatal.ru/soot.html|archive-date=2013-04-16|url-status=dead}}</ref> Article 11 stated that all former Soviet citizens and their descendants should be recognized as Russian citizens unless they had declared their intentions to be citizens of foreign states. However, this article was revoked in 2002 and persons under this article are not generally recognized by executive or court authorities of Russia as citizens of the Russian Federation unless they received documents of Russian citizenship before the article's revocation. No official comments have been given as to how this article should be interpreted. Oleg Kutafin, the chairman of the Presidential Committee on citizenship, criticized this Act in his book ''Russian Citizenship'' ({{ISBN|5-7975-0624-6}}), but the legal consequences of this Act were not analyzed there.


The RSFSR became a [[Treaty on the Creation of the Union of Soviet Socialist Republics|founding member]] of the [[Soviet Union]] (USSR) in 1922, and citizenship regulations were restructured under the authority of the [[Government of the Soviet Union|All-Union government]] following adoption of the [[1924 Constitution of the Soviet Union]]. Every person living within the borders of the USSR was a Soviet citizen unless they declared themselves as foreign citizens. Soviet citizens also held citizenship of the [[Republics of the Soviet Union|Union Republic]] in which they were permanently resident, although republican citizenship was symbolic and held no substantive meaning. Standard regulations in other countries required wives and children to hold the same citizenship as the male head of the family. Soviet legislation deviated from the contemporary international norm and allowed Soviet women who married foreign men to retain their Soviet citizenship after marriage.{{sfn|Salenko|2012|p=5}} Any imperial Russian subjects who had permanently departed Russia before 7 November 1917 and had acquired foreign citizenship or applied for such status were deprived of Russian/Soviet citizenship by decree in 1933.{{sfn|Sandifer|1936|p=617}}
==Citizenship act of 2002==
In 2002, a new citizenship act, supported by President [[Vladimir Putin]],<ref>{{cite web|author=08.09.2003 |url=http://english.pravda.ru/society/stories/08-09-2003/3667-law-0/ |title=New Citizenship Law Humiliates Russians |publisher=English pravda.ru |date=2002-05-31 |access-date=2012-11-18}}</ref><ref>{{cite web|url=http://english.peopledaily.com.cn/200206/04/eng20020604_97109.shtml |title=Russian President Signs New Citizenship Law |publisher=English.peopledaily.com.cn |date=2002-06-04 |access-date=2012-11-18}}</ref> replaced the act of 1991.


The first piece of legislation governing solely on the issue of citizenship was the 1938 Soviet Citizenship Law, which provided a redefinition for who held Soviet citizenship. Unlike previous regulations which automatically granted citizenship to virtually all residents of the USSR, this law defined Soviet citizens as anybody who had been a Russian subject at the time of the founding of the RSFSR in 1917 and had not subsequently lost Soviet citizenship, as well as those who had lawfully obtained citizenship. All other people resident in the USSR who neither held Soviet citizenship nor could prove foreign citizenship were treated as [[Statelessness|stateless]] persons. Citizenship could be deprived under this law as part of a court decision or by decree of the [[Presidium of the Supreme Soviet]]. All [[History of the Jews in the Soviet Union|Soviet Jews]] who permanently migrated to [[Israel]] were stripped of Soviet citizenship by decree beginning in 1967.{{sfn|Salenko|2012|pp=5–6}}
Russian citizenship can be acquired:
* by birth
* by naturalization
* by restoration of citizenship
* by following parents' citizenship


The [[1977 Constitution of the Soviet Union]] established the principle that all Soviet citizens would enjoy protection abroad by the Soviet government. Following its adoption, a new citizenship law was enacted on 1 December 1978 which prohibited the [[extradition]] of Soviet citizens to any foreign jurisdiction and formally barred holding [[multiple citizenship]]s. Citizenship was held to be a unique relationship between a citizen and country, and any deviation from that was considered a violation of loyalty to the state, which led to a potential deprivation of citizenship.{{sfn|Salenko|2012|pp=6–7}}
The rules of citizenship by birth generally follow the principle of [[jus sanguinis]], though a child can be recognized as a Russian citizen in several special cases:
* neither parent, both of whom are permanent residents of Russia, is a Russian citizen, but the child was born in Russia and does not acquire any other citizenship
* the child is found abandoned on Russian territory and the parents remain unknown for more than six months


During the reform period of ''[[glasnost]]'' and ''[[perestroika]]'', Soviet citizenship law was revised for a final time in 1990. The modified legislation transferred responsibility for citizenship deprivation from the Presidium of the Supreme Soviet to the [[president of the Soviet Union]] and greatly limited the circumstances in which this power would be exercised. Soviet citizenship could now only be deprived from individuals who enlisted in foreign militaries or other governmental bodies, permanently lived abroad and failed to register at a Soviet consulate for at least five years, or had fraudulently acquired citizenship.{{sfn|Salenko|2012|p=7}}
Naturalization is usually granted if the applicant meets the following requirements:
* has been a resident of Russia for not less than five years
* promises lawful behaviour
* has a legal source of income
* speaks Russian


=== Russian Federation ===
In certain cases, some or even all of the above requirements can be waived by an Executive Order of the Russian President,<ref name="Exec-Order">{{cite news|title=Executive Order on granting Russian citizenship to Gerard Depardieu|url=http://eng.kremlin.ru/news/4833 |date=January 3, 2013 |work=Russian Presidential Executive Office}}</ref> as happened on 3 January 2013, when Russian President Vladimir Putin signed an Executive Order granting Russian citizenship to French-born actor [[Gérard Depardieu]], citing authority granted under Article 89(a) of the Constitution of the Russian Federation.<ref name="Exec-Order" /><ref>{{cite news|title=Gerard Depardieu Launches 'Proud to Be Russian' Series of Watches|url=http://www.hollywoodreporter.com/news/gerard-depardieu-launches-proud-be-690633 |date=March 24, 2014 |work=The Hollywood Reporter}}</ref>
[[Image:Russian ePassport.jpg|thumb|upright|[[Russian passport]]s are a visible feature of Russian citizenship]]

Restoration of citizenship is granted under the same rules as naturalization; the only exception is the residence term requirement (three years in this case). Although not in compliance with law, executive agencies (such as the federal migration service and Russian diplomatic and consular departments abroad) usually do not grant Russian citizenship to former Russian citizens if they do not satisfy citizenship restoration requirements, even if they satisfy requirements for facilitated naturalization{{citation needed|date=May 2016}}.

A special provision of law made it possible for former citizens of the USSR to apply for Russian citizenship before 2009. The only requirements were holding a temporary residence permit or a permanent residence permit, or being registered as a permanent resident of Russia as of July 1, 2002 and meeting the naturalization requirements of p.&nbsp;2 and p.&nbsp;4.

Citizenship of children (persons under 18 years of age) generally follows the citizenship of their parents. If one or both parents obtain Russian citizenship, their children become Russian citizens as well. If one or both parents lose Russian citizenship, their children lose it too. A child can acquire or relinquish Russian citizenship by the application of his parents, but at least one parent must be a Russian citizen in this case.

=== Statistics of foreigners who acquired Russian citizenship ===
According to the Russian Ministry of Internal Affairs, the number of foreigners who acquired Russian citizenship in 2019 was around 500,000.<ref>{{Cite web|title=Что изменилось в процедуре получения гражданства РФ|url=https://rg.ru/2020/07/26/chto-izmenilos-v-procedure-polucheniia-grazhdanstva-rf.html|access-date=2021-08-04|website=Российская газета|language=ru}}</ref>

== Multiple citizenships ==
In some cases, a citizen of Russia may be simultaneously a citizen of other states.

Multiple citizenships is when a citizen of the [[Russia|Russian Federation]] holds citizenship (nationality) of one or more foreign countries.

Having multiple citizenships does not make an exception to the obligations for persons. A person, as a rule, is obliged to pay taxes in two states, have a military duty in two states, is deprived of the right to hold certain positions ([[lawyer]], [[judge]], [[Civil Servant|civil servant]], etc.).

According to the [[Constitution of Russia|Constitution of the Russian Federation]], a citizen of the Russian Federation (quote): "...may have the citizenship of a foreign state (dual citizenship) by the federal law or an international treaty of the Russian Federation" (article 62).<ref>{{Cite web|title=Chapter 2. Rights and Freedoms of Man And Citizen {{!}} The Constitution of the Russian Federation|url=http://www.constitution.ru/en/10003000-03.htm|access-date=2021-08-01|website=www.constitution.ru}}</ref> A citizen of the Russian Federation who has another citizenship shall be considered by the Russian Federation only as a citizen of the Russian Federation, except for cases provided for by an international treaty of the Russian Federation or by federal law.<ref>{{Cite web|title=Федеральный закон от 31.05.2002 г. № 62-ФЗ|url=http://kremlin.ru/acts/bank/18131|access-date=2021-08-01|website=Президент России|language=ru}}</ref>

The acquisition of other citizenship by a citizen of the Russian Federation shall not entail the termination of Russian Federation citizenship.

The following international treaties of the Russian Federation regulating the issues of multiple (dual) citizenship are currently in force:

* The Treaty between the Russian Federation and the [[Tajikistan|Republic of Tajikistan]] on the Settlement of Dual Citizenship Issues (1995).

Until 18 May 2015, the Agreement between the Russian Federation and [[Turkmenistan]] on Dual Citizenship (1993) was in force.

By now, the term "dual citizenship" in Russia should apply to citizens of both Russia and [[Tajikistan]]. In all other cases, the concept of "other citizenship" or "second citizenship" should be used. However, the issues of dual citizenship, as well as those of other citizenship, have not been regulated. As of 2019 about 40 thousand holders of dual citizenship of Russia and [[Turkmenistan]] still live in Turkmenistan.<ref>{{Cite news|title=Туркменские россияне станут свободнее|work=Коммерсантъ|url=https://www.kommersant.ru/doc/4025391|access-date=2021-08-01}}</ref> And the presence of dual citizenship of Russia and [[Tajikistan]], as well as the presence of other citizenship, is an obstacle to employment in the civil service.<ref>{{Cite web|title=Что нужно знать о получении российского гражданства|url=https://rus.ozodi.org/a/30721781.html|access-date=2021-08-01|website=Радио Озоди|language=ru}}</ref> Therefore, both dual citizenship holders and holders of second citizenship are considered as persons with foreign citizenship without distinction.

== Termination of Russian citizenship ==
Grounds for termination of Russian citizenship:

1) Voluntary renunciation of Russian citizenship. A citizen must declare and fulfil all obligations to Russia: no tax arrears, no incidents of being accused by the competent authorities in a criminal case, and a conviction that is to be carried out in respect of the citizen. Also, the applicant must either have the citizenship of a foreign country or guarantees to acquire it.

2) Reverse option. Choice of citizenship of another state when changing the state border of the Russian Federation.

3) Change of citizenship by parents.

The renunciation of Russian citizenship, in the absence of another citizenship and without guarantees of acquiring it, was allowed by the Russian Constitution and the legislation in force before the entry into force of the Federal Law on Citizenship of the Russian Federation<ref>{{Cite web|title=О гражданстве Российской Федерации|url=http://pravo.gov.ru/proxy/ips/?docbody=&nd=102076357|access-date=2021-08-04|website=pravo.gov.ru}}</ref> which does not allow such renunciation.

==Visa requirements==
{{Main|Visa requirements for Russian citizens}}
[[Image:Visa requirements for Russian citizens.png|thumb|450px|right|Countries and territories with visa-free or visa-on-arrival entries for holders of regular Russian passports
{{col-begin|with=12em}}
{{col-break}}
{{legend|#161c76|Russia}}
{{legend|#ffc726|Visa free with [[Internal passport of Russia|Internal passport]]}}
{{legend|#22B14C|Visa not required}}
{{col-break}}
{{legend|#B5E61D|Visa on arrival}}
{{legend|#61c09a|[[Travel visa#Electronic visas|Electronic authorization]] or online payment required}}
{{col-break}}
{{legend|#79D343|Visa available both on arrival or online}}
{{legend|#A8ACAB|Visa required prior to arrival}}
{{col-end}}]]
Visa requirements for Russian citizens are administrative entry restrictions by the authorities of other countries placed on citizens of [[Russia]]. In 2020, Russian citizens had visa-free or visa-on-arrival access to 121 countries and territories, ranking the Russian passport 48th in the world according to the [[Visa Restrictions Index]].

==Constitutional Court cases==

===Case of Smirnov (1996)===
{{Unreferenced section|date=November 2018}}
Smirnov was born on RSFSR territory in 1950. In 1979, he married and moved his permanent residence to the [[Lithuanian SSR]]. He divorced in 1992 and returned to the RSFSR on December 8, 1992. He then applied for a notice of Russian citizenship in his passport, but this was rejected by executive officers. His claim was also rejected by common jurisdiction courts, including the Supreme Court of the Russian Federation.

The position of the executive officers and the courts was that Smirnov, in accordance with Article 13 of the Citizenship Act, was a former citizen of the Russian Federation, but not a citizen of the Russian Federation since February 6, 1992. He did have the option to apply for Russian citizenship through registration.

However, the Constitutional Court ruled that Article 18 of the Citizenship Act was not in conformance with the Constitution, as the registration procedure of Article 18 could be applied to Russian citizens by birth; that is, those persons who:
* were born in the territory of the RSFSR
* were citizens of the USSR
* did not renounce Russian citizenship
* relocated to another Soviet republic
* were not citizens of another Soviet republic
* eventually returned to Russia

There is an opinion that this ruling determines that every former citizen of the USSR who was born in the territory of the RSFSR and never renounced Russian citizenship is a Russian citizen by birth, even if he also has foreign citizenship. This opinion is based on the Court's interpretation of Article 6 of the Constitution given in the text of the decision: "such persons... cannot lose Russian citizenship unless they explicitly expressed their will to give it up". A notable advocate of this position is Anatoly Mostovoy, who published the book ''Get Your Citizenship Back!'' ({{ISBN|5-93165-077-6}}).

====Criticism of the Decision====
1) incorrect interpretation of Article 13 of the Citizenship Act of 1991

: The interpretation of Article 13 of the Act given by the Constitutional Court does not conform to Article 12 of the Act, which states that citizenship before this Act came in force is determined by previous legislation. It is also not clear what legal consequences might be implied by declaring millions of people as Russian citizens for tens of years before the Act came in force, and even before the sovereignty of the RSFSR was declared.

: A different interpretation of Article 13 could be that "citizenship by birth in the past" defines a term which is used by Article 18, p. "e" and art. 19, p.&nbsp;3, pp. "e" (since amended in 1993).

2) incorrect interpretation of constitutional articles


In the waning days of the Union, the RSFSR adopted the [[Declaration of State Sovereignty of the Russian Soviet Federative Socialist Republic]], which reemphasized the role of republican citizenship within Soviet citizenship. This declaration restated that every citizen of the RSFSR also held citizenship of the USSR. As part of its preparations for a [[New Union Treaty|reformed Soviet Union]], the RSFSR drafted new citizenship legislation that brought regulations in line with the [[Universal Declaration of Human Rights]]. Under this law, citizenship could no longer be deprived at the sole discretion of the government and holding multiple citizenships ceased to be strictly prohibited, though this was only explicitly allowed in cases where the RSFSR had a bilateral agreement on dual citizenship. This law was adopted on 28 November 1991 but did not come into force until 6 February 1992, after the [[dissolution of the Soviet Union]].{{sfn|Salenko|2012|p=10}}
: Nothing in the Act states that "citizenship by birth in the past" confers Russian citizenship on the moment that the Act came into force. The Constitutional Court stated that "due to Article 6 of the Constitution of the Russian Federation, they remain Russian citizens until they relinquish it of their own will" (p.&nbsp;3 of the reasoning). However, the Constitution came into force in December 1993, and it evidently has no retroactive effect. Deprivation of citizenship in the USSR was legal and happened from time to time. No provisions of law restricted constructions like "a citizen only on his/her moment of birth".


Former Soviet citizens who were permanently resident in Russia on 6 February 1992 automatically became Russian citizens unless they explicitly applied to refuse citizenship by 6 February 1993. Residence was based on a person's officially listed place of domicile in the ''[[Propiska in the Soviet Union|propiska]]'' system.{{sfn|Salenko|2012|pp=10–11}} Any other former Soviet citizen could obtain Russian citizenship by registration if they migrated to Russia between 6 February 1992 and 31 December 2000, or before 6 February 1995 if they were resident in a former Union Republic and had not become citizens of that new country.{{sfn|Salenko|2012|pp=10–11, 14}} Stateless persons living in Russia or a Union Republic that had remained part of the Soviet Union on 1 September 1991 could register as Russian citizens by 6 February 1993. Spouses, children, and other lineal descendants of Russian citizens were eligible for citizenship by registration without time limit. Children of former Russian citizens who were born after their parents' loss of citizenship had a right to register as Russian citizens within five years of reaching age 18.{{sfn|Salenko|2012|p=14}}
3) there were no constitutional issues in this case


==== Dual citizenship arrangements with other former Soviet states ====
: Following the logic of Constitutional Court, Articles 13 and 18 of the Act conflict. The Constitutional Court should have stated why it applied Article 13 in this case. In general, considering conflicting legal norms, a court should choose one of them (using principles of [[lex posterior]] or [[lex specialis]], or a conflict norm). If one of these is chosen, it is not necessary to decide if the other is constitutional or not. The Constitutional Court has no jurisdiction to declare a norm of law unconstitutional just because it does not conform to another norm of law.
As a result of the Soviet Union's collapse, large numbers of ethnic Russians became resident outside the boundaries of the Russian state.{{sfn|Molodikova|2017|p=99}} In order to give this population and other former Soviet citizens an opportunity to choose the country of their new affiliation, visa-free movement was established throughout the [[Commonwealth of Independent States]] (CIS) in 1992. Facilitating this were dual citizenship treaties signed with [[Turkmenistan]] in 1993 and [[Tajikistan]] in 1996. Simplified naturalization procedures through which applicants of a treaty CIS country could acquire Russian citizenship after three months of their application were separately signed with [[Kyrgyzstan]] and [[Kazakhstan]] in 1996, as well as a multilateral agreement with [[Belarus]] and [[Kyrgyzstan]] in 1999. Residents of the breakaway regions of [[Abkhazia]], [[South Ossetia]], and [[Transnistria]] were granted Russian citizenship under provisions of the 1991 law accommodating former Soviet citizens. Overseas Russians gained official status as "compatriots" in 1999 in Russian law, which defined them as any persons who lived outside the territory of the Russian Federation who themselves or their ancestors had previously lived in Russia, although this had no practical effect on existing citizenship legislation. However, the Russian government had no wider initiative to resettle overseas Russians during this time{{sfn|Molodikova|2017|pp=103–104}} and the agreement on CIS-wide free movement expired by 2000.{{sfn|Bravi|Jureav|Janjic|2012|p=14}} Although there were several attempts at negotiating a dual citizenship arrangement with [[Ukraine]] during the 1990s and in 2004, they ultimately ended with no agreement.{{sfn|Zevelev|2021|pp=20–21}}


Part of Russia's objectives in pursuing dual citizenship agreements with CIS member states in the 1990s was to provide Russians residing in the former Soviet Union with some sense of security from the Russian state so that they would be less likely to resettle in Russia during that period of prolonged economic crisis and restructuring. The other post-Soviet states were wary of Russia's intentions with extending citizenship to people within their borders and did not want to expose themselves to further Russian influence.{{sfn|Zevelev|2021|pp=19–20}} Despite some support within the [[State Duma]] for automatically extending Russian citizenship to all former Soviet citizens, the legislature ultimately rejected this to prevent causing unnecessary friction.{{sfn|Shevel|2012|pp=124–127}}
===Case of Daminova (2005)===
{{expand section|date=May 2017}}


The dual citizenship agreements had been intended to ease the post-Soviet transition for ethnic Russians who found themselves living in foreign countries. However, most of the people utilizing this were not ethnically Russian at all and originated from areas of the CIS that were economically dependent on Russia.{{sfn|Zevelev|2021|pp=21–22}} Beginning in 2000, facilitated naturalization pathways for former Soviet citizens began to be restricted. The [[Ministry of Internal Affairs (Russia)|Ministry of Internal Affairs]] ceased issuing new Russian passports in that year to former Soviet citizens who did not have established ''propiska'' in Russia on 6 February 1992. When the law "On Citizenship of the Russian Federation" was enacted in 2002, eligibility for simplified naturalization was limited only to those who had been born on Russian territory and requirements were raised for that process. While virtually any former Soviet citizen could obtain Russian citizenship by simple registration under the 1991 law, the 2002 changes required such individuals to fulfill a language requirement, prove a legal income, and renounce their previous citizenship. They also became required to establish permanent residence in Russia before they could naturalize, even if they previously held ''propiska''. The cumulative effect of these added conditions extended the time in which a former Soviet citizen could acquire Russian citizenship to as long as eight years.{{sfn|Shevel|2012|pp=127–131}}
===Case of Fatullaeva (2007)===
Until 2001-2002, former Soviet citizens could register their permanent residence on the territory of Russia in the same way as Russian citizens.


Dual citizenship was actively discouraged by Russian government agencies until after the 2014 [[Annexation of Crimea by the Russian Federation|annexation of Crimea]]. Regulations were again relaxed for citizens of some post-Soviet countries beginning in the late 2010s as a way for the Russian state to exert greater influence on neighboring states. Ukrainian citizens seeking to acquire Russian citizenship have not been required to prove renunciation of Ukrainian citizenship since 2017 and residents of [[Donetsk Oblast]] and [[Luhansk Oblast]] became eligible for expedited acquisition of Russian citizenship in 2019. The five-year residence period for naturalization was later removed for citizens of Belarus, Kazakhstan, [[Moldova]], and Ukraine and the requirement to renounce foreign citizenships to naturalize as Russian was completely abolished in 2020.{{sfn|Zevelev|2021|pp=23–25}} Following the [[2022 Russian invasion of Ukraine]], the expedited acquisition process was extended first to [[Zaporizhzhia Oblast]] and [[Kherson Oblast]] in May 2022, and later to all of Ukraine in July 2022.<ref>{{cite news |title=Putin expands fast-track Russian citizenship to all of Ukraine |date=11 July 2022 |work=[[Al Jazeera English|Al Jazeera]] |url=https://www.aljazeera.com/news/2022/7/11/putin-expands-fast-track-russian-citizenship-to-all-of-ukraine |access-date=12 August 2022 |archive-date=31 July 2022 |archive-url=https://web.archive.org/web/20220731233621/https://www.aljazeera.com/news/2022/7/11/putin-expands-fast-track-russian-citizenship-to-all-of-ukraine |url-status=live }}</ref>
The federal act regarding Russian citizenship (2002) was amended several times to allow former Soviet citizens who had had their permanent residence registered on July 1, 2002 to apply for Russian citizenship.


==== Eurasian integration ====
Fatullaeva had been living in Russia up to this date but had never registered permanent residence.
Russia and Belarus established the supranational [[Union State]] in 1999. Citizens of both countries automatically hold Union State citizenship, which grants eligibility to vote in Union State elections and stand for office in Union State institutions.{{sfn|Pirker|Entin|2020|pp=528–530}} Russian and Belarusian citizens may reside and work in either country under a freedom of movement for workers established by bilateral agreement, which was later expanded to all member states of the [[Eurasian Economic Union]] (EAEU) founded in 2015. These movement rights are tied to a worker's contract of employment in another member state and do not grant automatic permanent residence rights anywhere in the EAEU.{{sfn|Pirker|Entin|2020|pp=516–519}}


== Acquisition and loss of citizenship ==
She challenged the requirement of permanent residence registration at the Constitutional Court. The Court rejected her claim for the following reasons:
Any person born in Russia automatically receives Russian citizenship by birth if at least one parent is a Russian citizen. Individuals born in the country to two foreign parents only receive Russian citizenship by birth if they cannot acquire the citizenship of either parent. Children born overseas to two Russian parents are Russian citizens by descent, while those who are born to one Russian parent only receive Russian citizenship if they would otherwise be stateless. [[Child abandonment|Abandoned children]] found in the country are presumed to have been Russian citizens by birth if their parents cannot be found within six months.{{sfn|Salenko|2012|p=15}}
* such a requirement does not violate her constitutional rights and freedoms
* the state is not obliged to grant citizenship, except as provided by its laws, and Fatullaeva still would be able to obtain Russian citizenship after every requirement of law is satisfied


Foreigners may become Russian citizens by admission after residing in the country for more than five years while possessing a residence permit. Individuals without permits who permanently settled in Russia before 1 July 2002 are treated as if they have had a permit since the date on which they registered their place of residence. Applicants must demonstrate proficiency in the [[Russian language]] and have a legal source of income. The residence requirement is reduced to one year for individuals who have been granted asylum or refugee status, or who have made extraordinary scientific, technological, or cultural contributions. It may also be waived for citizens of other [[post-Soviet states]] who have served in the [[Russian Armed Forces]] for at least three years.{{sfn|Salenko|2012|pp=15–16}} Additionally, the [[president of Russia]] has discretionary authority to directly grant citizenship to any foreigner.<ref>{{cite news |title=Russia's Putin grants Russian citizenship to U.S. actor Seagal |date=2 November 2016 |agency=[[Reuters]] |url=https://www.reuters.com/article/us-russia-putin-seagull/russias-putin-grants-russian-citizenship-to-u-s-actor-seagal-idUSKBN12Y0W1 |access-date=15 August 2022 |archive-date=17 April 2022 |archive-url=https://web.archive.org/web/20220417155549/https://www.reuters.com/article/us-russia-putin-seagull/russias-putin-grants-russian-citizenship-to-u-s-actor-seagal-idUSKBN12Y0W1 |url-status=live }}</ref>
The Act on the Legal Status of Foreigners in the USSR (1981) was in force until 2002. According to this act, permanent residents of the USSR were persons who received permanent residence permits. Other foreigners were those with temporary residences in the USSR. However, former Soviet citizens did not apply for residence permits; they registered their permanent residence in the same manner as Russian citizens, in accordance with the Decree of Government N 290 of March 12, 1997. Therefore, registration of permanent residence was equivalent to obtaining residence permits in Russia{{Citation needed|date=April 2010}}.


Certain groups of foreign citizens and stateless persons qualify for a facilitated acquisition of Russian citizenship without needing to fulfill a minimum residence requirement. These include: persons with at least one Russian parent who lives within Russia, former Soviet citizens permanently resident in a post-Soviet state but have not acquired citizenship in that country, and citizens of a former Soviet state who have been educated in Russian secondary schools or universities since 1 July 2002. Foreign and stateless individuals already resident in Russia may also be eligible for this simplified process if they are: former Soviet citizens born in the [[Russian Soviet Federative Socialist Republic]], married to a Russian citizen for at least three years, a disabled person with an adult child who is a Russian citizen, a person with a Russian citizen child but a Russian spouse who is deceased or has been declared missing or otherwise unable to hold parental rights, or a person with a Russian citizen child over the age of 18 who has been declared mentally unfit by court order.{{sfn|Salenko|2012|pp=16–17}}
==International treaties on citizenship==


Russian citizenship can be relinquished by making a declaration of renunciation {{Citation needed|date=October 2024}}. Parents of Russian citizen children may apply for renunciation on their behalf. Dual citizens have been refused requests to renounce their Russian citizenship.<ref>{{cite web |title=Russian Embassy won't accept applications to renounce citizenship; Finnish pols weigh dual nationality |url=https://yle.fi/a/74-20057546 |website=YLE |access-date=7 October 2024}}</ref> In circumstances where the Russian Federation cedes territory to a foreign country, Russians living in affected territory are given a choice between retaining Russian citizenship or acquiring citizenship of the new controlling state.{{sfn|Salenko|2012|p=21}}
===Eurasian Economic Community treaties===
The [[Russian Federation]] has a treaty with [[Kazakhstan]]<ref>{{cite web|url=http://www.scipio.fatal.ru/rfkaz.html|title=Treaty on the Facilitation of Acquisition of Citizenship between the Russian Federation and the Republic of Kazakhstan|publisher=Scipio.fatal.ru|access-date=2012-11-18|archive-url=https://archive.is/20130416212906/http://www.scipio.fatal.ru/rfkaz.html|archive-date=2013-04-16|url-status=dead}}</ref> and a treaty with [[Kyrgyzstan]].<ref>{{cite web|url=http://www.scipio.fatal.ru/kgrf.html|title=Treaty on the Facilitation of Acquisition of Citizenship between the Russian Federation and the Republic of Kyrgyzstan|publisher=Scipio.fatal.ru|access-date=2012-11-18|archive-url=https://archive.is/20130417052544/http://www.scipio.fatal.ru/kgrf.html|archive-date=2013-04-17|url-status=dead}}</ref> There is also a multilateral treaty among the [[Russian Federation]], [[Kazakhstan]], [[Kyrgyzstan]] and the [[Republic of Belarus]].<ref>{{cite web|url=http://www.scipio.fatal.ru/sog1.html|title=Multilateral treaty on citizenship|publisher=Scipio.fatal.ru|access-date=2012-11-18|archive-url=https://archive.is/20130416195640/http://www.scipio.fatal.ru/sog1.html|archive-date=2013-04-16|url-status=dead}}</ref>


== See also ==
Citizens of the respective states that come to Russia for permanent residence have the right to obtain Russian citizenship if they:
* were citizens of the [[RSFSR]], or
* [[Visa policy of Russia]]
* [[Visa requirements for Russian citizens]]
* were born in the territory of the [[RSFSR]], or
* were living in the territory of the [[RSFSR]] before December 21, 1991, or
* have relatives who are citizens or permanent residents of the [[Russian Federation]]


== References ==
Until the end of 2003, those treaties were ignored by Russian executive authorities.<ref>{{cite web|url=http://wbase.duma.gov.ru/ntc/vdoc.asp?kl=12244|title=Declaration of State Duma on citizenship issues|publisher=Wbase.duma.gov.ru|access-date=2012-11-18|archive-url=https://web.archive.org/web/20081003063356/http://wbase.duma.gov.ru/ntc/vdoc.asp?kl=12244|archive-date=2008-10-03|url-status=dead}}</ref> Presidential Decree N 1545<ref>{{cite web
{{reflist|30em}}
|url=http://www.rg.ru/2004/01/13/grazdanstvo.html
|title=Presidential decree N 1545|publisher=Rg.ru|access-date=2012-11-18}}</ref> provided some means for implementation of the treaties. However, the decree requires that the applicant provide evidence that the state of his citizenship allows him to reside in Russia (such as a special stamp in a passport or an exit document). This does not conform to the treaties and makes obtaining citizenship significantly more difficult or even impossible in some cases. The Supreme Court of the [[Russian Federation]] stated in its decision<ref>{{cite web|url=http://www.supcourt.ru/stor_text.php?id=7408252|title=Supreme Court decision on art. 22.1 of Presidential Decree on citizenship|publisher=Supcourt.ru|access-date=2012-11-18|archive-url=https://web.archive.org/web/20120210101303/http://www.supcourt.ru/stor_text.php?id=7408252|archive-date=2012-02-10|url-status=dead}}</ref> that one must prove, in accordance with the treaties, that he came to Russia for permanent and not temporary residence. This can be proved in accordance with Russian law. In accordance with the ''Act on the Status of Foreign Citizens in the Russian Federation'', obtaining temporary or permanent residence permission in Russia does not require any permission from foreign states, so technically every person who lawfully resides in Russia is able to apply for a temporary residence permit and then for a permanent residence permit. Although the interpretation of the Federal Act given by the Supreme Court is incompatible with the Presidential Decree, the article was not declared void.


=== Sources ===
===European Convention on Nationality===
The [[European Convention on Nationality]] has been signed but not [[ratification|ratified]] by the Russian Federation. It is binding to the extent of the provisions of the [[Vienna Convention on the Law of Treaties]]. Domestic citizenship legislation is usually considered to conform to the convention.


==== Publications ====
==References==
{{Reflist|2}}
{{refbegin|30em}}
* {{cite book |last1=Bravi |first1=Alessandra |last2=Jureav |first2=Alisher |last3=Janjic |first3=Aleksandra |chapter=The dynamics of labour mobility in Eastern Europe and Central Asia |editor-last1=Werner |editor-first1=Jan |editor-last2=Sucky |editor-first2=Eric |editor-last3=Biethahn |editor-first3=Niels |editor-last4=Grube |editor-first4=Gerd |title=Mobility in a Globalised World |year=2012 |publisher=[[University of Bamberg]] |isbn=978-3-86309-063-0 }}
* {{cite book |editor-last=Kondo |editor-first=Atsushi |title=Citizenship in a Global World |year=2001 |publisher=[[Palgrave Macmillan]] |doi=10.1057/9780333993880 |isbn=978-0-333-80266-3 }}
* {{cite journal |last=Molodikova |first=Irina |title=The Transformation of Russian Citizenship Policy in the Context of European or Eurasian Choice: Regional Prospects |journal=Central and Eastern European Migration Review |date=2017 |volume=6 |issue=1 |pages=98–119 |publisher=[[University of Warsaw]] |doi=10.17467/ceemr.2017.15 }}
* {{cite book |last1=Pirker |first1=Benedikt |last2=Entin |first2=Kirill |chapter=The Free Movement of Persons in the Eurasian Economic Union – between Civis Eurasiaticus and Homo Oeconomicus |editor-last1=Cambien |editor-first1=Nathan |editor-last2=Kochenov |editor-first2=Dimitry |editor-last3=Muir |editor-first3=Elise |title=European Citizenship under Stress |year=2020 |pages=508–532 |publisher=[[Brill Publishers|Brill]] |doi=10.1163/9789004433076_021 |isbn=978-90-04-43307-6 }}
* {{cite report |last=Salenko |first=Alexander |title=Country report: Russia |publisher=[[European University Institute]] |date=July 2012 |hdl=1814/60230 |hdl-access=free }}
* {{cite journal |last=Sandifer |first=Durward V. |title=Soviet Citizenship |journal=[[American Journal of International Law]] |date=October 1936 |volume=30 |issue=4 |pages=614–631 |publisher=[[American Society of International Law]] |doi=10.2307/2191124 }}
* {{cite journal |last=Shevel |first=Oxana |title=The Politics of Citizenship Policy in Post-Soviet Russia |journal=Post-Soviet Affairs |date=2012 |volume=28 |issue=1 |pages=111–147 |publisher=[[Taylor & Francis]] |doi=10.2747/1060-586X.28.1.111 }}
* {{cite journal |last=Zevelev |first=Igor A. |title=Russia in the Post-Soviet Space: Dual Citizenship as a Foreign Policy Instrument |journal=Russia in Global Affairs |date=2021 |issue=2 |pages=10–37 |publisher=Foreign Policy Research Foundation |doi=10.31278/1810-6374-2021-19-2-10-37 |doi-access=free }}
{{refend}}


==External links==
== External links ==
* [https://en.mvd.ru/structure/Structure/main-directorates/general-administration-for-migration-iss Ministry of Internal Affairs - Main Directorate for Migration Affairs]
* [http://www.fms.gov.ru/ Federal Migration Service]
* [http://pravo.levonevsky.org/bazazru/texts25/txt25411.htm 1991 law "On the Citizenship of the Russian SFSR] (lost legal force)
* [http://visalink-russia.com/russian-federation-law-russian-federation-citizenship.html Russian Citizenship law]


{{Portal bar|Law|Russia}}
{{Nationality laws}}
{{Nationality laws}}
{{Authority control}}
{{Authority control}}


[[Category:Nationality law|Russia]]
[[Category:Nationality law|Russia]]
[[Category:Russian law]]
[[Category:Law of Russia]]

Latest revision as of 21:12, 20 October 2024

On Citizenship of the Russian Federation
О гражданстве Российской Федерации
Federal Assembly
CitationN 62-ФЗ
Enacted byFederal Assembly
Signed byPresident of Russia
Signed31 May 2002
Commenced1 July 2002
Status: Amended

Russian citizenship law details the conditions by which a person holds citizenship of Russia. The primary law governing citizenship requirements is the federal law "On Citizenship of the Russian Federation" (Russian: О гражданстве Российской Федерации, O grazhdanstve Rossiyskoy Federacii), which came into force on 1 July 2002.

Any person born in Russia to at least one Russian parent, or born overseas to two Russian parents receives Russian citizenship at birth.[1] Foreign nationals may become citizens by admission after meeting a minimum residence requirement (usually five years), proving a legal source of income, and demonstrating proficiency in the Russian language.

Russia was previously a part of the Soviet Union and its residents were Soviet citizens. Following the dissolution of the Soviet Union, all post-Soviet states established separate citizenship laws. Although citizens of the former Union Republics are no longer Soviet, they continue to be eligible for a facilitated acquisition of Russian citizenship in which they can be exempted from some requirements for admission as Russian citizens.

The completely new citizenship law of 28 April 2023 138-FZ entered into force on 26 October 2023, and at that moment the old law 62-FZ, which had been in force for more than 20 years, ceased to be in force.[2][3]

Terminology

[edit]

The distinction between the meaning of the terms citizenship and nationality is not always clear in the English language and differs by country. Generally, nationality refers a person's legal belonging to a country and is the common term used in international treaties when referring to members of a state; citizenship refers to the set of rights and duties a person has in that country.[4]

The Constitution of Russia provides differing definitions for both terms; citizenship is the status given to an individual indicating the state which exercises jurisdiction over that particular person and nationality refers to a person's ethnic group. Soviet regulations required a person's nationality to be indicated on their internal passport, determined by the nationality of their parents. If their parents' nationalities differed, they could choose either nationality. Russian internal passports since the 1990s have omitted this information completely. In the Russian context, the two terms are not interchangeable and cannot be used as a synonym for the other.[5]

History

[edit]

Romanov Russia

[edit]

Before the concept of citizenship was codified in legislation, inhabitants of the Tsardom of Russia and the Russian Empire personally owed allegiance to the Russian monarch. There were no general requirements for becoming a Russian subject until the 16th century, when it became customary to treat any person who had been christened by the Russian Orthodox Church as having acquired subjecthood. Foreigners who wished to become Russian subjects were required to swear an oath of personal fealty to the Russian monarch beginning with the reign of Peter the Great. The oath used during this time required the subject to pledge themself as an "obedient slave and eternal subject with my family" of the sovereign and remained unchanged until 1796, when the word "slave" was removed.[6]

Provincial governments held wide discretion in determining who could be naturalized as Russian subjects until 10 February 1864, when the imperial government introduced a five-year residence requirement and shifted authority over naturalization from provincial authorities to the Ministry of Internal Affairs of the Russian Empire. The residence requirement could be reduced for individuals who performed an extraordinary service for the Russian state, were especially talented or highly skilled in a scientific field, or made significant investments in the empire. The term "citizenship" became introduced in this reform as a different name for the concept of subjecthood.[7]

Russian women who married foreign men automatically lost Russian subject status. A formerly Russian widow or divorcée who had lost her Russian subject status through marriage could petition a provincial authority for restoration of that status. Other Russian subjects could separately apply for the end of their subjecthood through the Ministry of Internal Affairs with approval from the emperor. Any person who became a foreign subject or citizen without prior government approval could be punished by the deprivation of their rights or banishment to Siberia.[8]

Revolutionary Russia and Soviet Union

[edit]
See also: Soviet nationality law

After the October Revolution in 1917, the new Russian Soviet Federative Socialist Republic (RSFSR) government abolished all previous imperial legislation. Prevailing Bolshevik theory at the time considered communism to be an international movement, which became reflected in citizenship regulations in the new state. Under the 1918 Russian constitution, local soviets were empowered to directly grant foreigners Soviet citizenship, particularly intended for those belonging to the peasant and working classes. No specific procedures were required to become a Soviet citizen during this time other than obtaining local authority approval.[9] While this model of citizenship acquisition was quite simple and expeditious, contemporary regulations also allowed for citizenship deprivation at any time at the sole discretion of the central government as a deterrence against "the enemies of Soviet power".[10]

The RSFSR became a founding member of the Soviet Union (USSR) in 1922, and citizenship regulations were restructured under the authority of the All-Union government following adoption of the 1924 Constitution of the Soviet Union. Every person living within the borders of the USSR was a Soviet citizen unless they declared themselves as foreign citizens. Soviet citizens also held citizenship of the Union Republic in which they were permanently resident, although republican citizenship was symbolic and held no substantive meaning. Standard regulations in other countries required wives and children to hold the same citizenship as the male head of the family. Soviet legislation deviated from the contemporary international norm and allowed Soviet women who married foreign men to retain their Soviet citizenship after marriage.[11] Any imperial Russian subjects who had permanently departed Russia before 7 November 1917 and had acquired foreign citizenship or applied for such status were deprived of Russian/Soviet citizenship by decree in 1933.[12]

The first piece of legislation governing solely on the issue of citizenship was the 1938 Soviet Citizenship Law, which provided a redefinition for who held Soviet citizenship. Unlike previous regulations which automatically granted citizenship to virtually all residents of the USSR, this law defined Soviet citizens as anybody who had been a Russian subject at the time of the founding of the RSFSR in 1917 and had not subsequently lost Soviet citizenship, as well as those who had lawfully obtained citizenship. All other people resident in the USSR who neither held Soviet citizenship nor could prove foreign citizenship were treated as stateless persons. Citizenship could be deprived under this law as part of a court decision or by decree of the Presidium of the Supreme Soviet. All Soviet Jews who permanently migrated to Israel were stripped of Soviet citizenship by decree beginning in 1967.[13]

The 1977 Constitution of the Soviet Union established the principle that all Soviet citizens would enjoy protection abroad by the Soviet government. Following its adoption, a new citizenship law was enacted on 1 December 1978 which prohibited the extradition of Soviet citizens to any foreign jurisdiction and formally barred holding multiple citizenships. Citizenship was held to be a unique relationship between a citizen and country, and any deviation from that was considered a violation of loyalty to the state, which led to a potential deprivation of citizenship.[14]

During the reform period of glasnost and perestroika, Soviet citizenship law was revised for a final time in 1990. The modified legislation transferred responsibility for citizenship deprivation from the Presidium of the Supreme Soviet to the president of the Soviet Union and greatly limited the circumstances in which this power would be exercised. Soviet citizenship could now only be deprived from individuals who enlisted in foreign militaries or other governmental bodies, permanently lived abroad and failed to register at a Soviet consulate for at least five years, or had fraudulently acquired citizenship.[15]

Russian Federation

[edit]
Russian passports are a visible feature of Russian citizenship

In the waning days of the Union, the RSFSR adopted the Declaration of State Sovereignty of the Russian Soviet Federative Socialist Republic, which reemphasized the role of republican citizenship within Soviet citizenship. This declaration restated that every citizen of the RSFSR also held citizenship of the USSR. As part of its preparations for a reformed Soviet Union, the RSFSR drafted new citizenship legislation that brought regulations in line with the Universal Declaration of Human Rights. Under this law, citizenship could no longer be deprived at the sole discretion of the government and holding multiple citizenships ceased to be strictly prohibited, though this was only explicitly allowed in cases where the RSFSR had a bilateral agreement on dual citizenship. This law was adopted on 28 November 1991 but did not come into force until 6 February 1992, after the dissolution of the Soviet Union.[16]

Former Soviet citizens who were permanently resident in Russia on 6 February 1992 automatically became Russian citizens unless they explicitly applied to refuse citizenship by 6 February 1993. Residence was based on a person's officially listed place of domicile in the propiska system.[17] Any other former Soviet citizen could obtain Russian citizenship by registration if they migrated to Russia between 6 February 1992 and 31 December 2000, or before 6 February 1995 if they were resident in a former Union Republic and had not become citizens of that new country.[18] Stateless persons living in Russia or a Union Republic that had remained part of the Soviet Union on 1 September 1991 could register as Russian citizens by 6 February 1993. Spouses, children, and other lineal descendants of Russian citizens were eligible for citizenship by registration without time limit. Children of former Russian citizens who were born after their parents' loss of citizenship had a right to register as Russian citizens within five years of reaching age 18.[19]

Dual citizenship arrangements with other former Soviet states

[edit]

As a result of the Soviet Union's collapse, large numbers of ethnic Russians became resident outside the boundaries of the Russian state.[20] In order to give this population and other former Soviet citizens an opportunity to choose the country of their new affiliation, visa-free movement was established throughout the Commonwealth of Independent States (CIS) in 1992. Facilitating this were dual citizenship treaties signed with Turkmenistan in 1993 and Tajikistan in 1996. Simplified naturalization procedures through which applicants of a treaty CIS country could acquire Russian citizenship after three months of their application were separately signed with Kyrgyzstan and Kazakhstan in 1996, as well as a multilateral agreement with Belarus and Kyrgyzstan in 1999. Residents of the breakaway regions of Abkhazia, South Ossetia, and Transnistria were granted Russian citizenship under provisions of the 1991 law accommodating former Soviet citizens. Overseas Russians gained official status as "compatriots" in 1999 in Russian law, which defined them as any persons who lived outside the territory of the Russian Federation who themselves or their ancestors had previously lived in Russia, although this had no practical effect on existing citizenship legislation. However, the Russian government had no wider initiative to resettle overseas Russians during this time[21] and the agreement on CIS-wide free movement expired by 2000.[22] Although there were several attempts at negotiating a dual citizenship arrangement with Ukraine during the 1990s and in 2004, they ultimately ended with no agreement.[23]

Part of Russia's objectives in pursuing dual citizenship agreements with CIS member states in the 1990s was to provide Russians residing in the former Soviet Union with some sense of security from the Russian state so that they would be less likely to resettle in Russia during that period of prolonged economic crisis and restructuring. The other post-Soviet states were wary of Russia's intentions with extending citizenship to people within their borders and did not want to expose themselves to further Russian influence.[24] Despite some support within the State Duma for automatically extending Russian citizenship to all former Soviet citizens, the legislature ultimately rejected this to prevent causing unnecessary friction.[25]

The dual citizenship agreements had been intended to ease the post-Soviet transition for ethnic Russians who found themselves living in foreign countries. However, most of the people utilizing this were not ethnically Russian at all and originated from areas of the CIS that were economically dependent on Russia.[26] Beginning in 2000, facilitated naturalization pathways for former Soviet citizens began to be restricted. The Ministry of Internal Affairs ceased issuing new Russian passports in that year to former Soviet citizens who did not have established propiska in Russia on 6 February 1992. When the law "On Citizenship of the Russian Federation" was enacted in 2002, eligibility for simplified naturalization was limited only to those who had been born on Russian territory and requirements were raised for that process. While virtually any former Soviet citizen could obtain Russian citizenship by simple registration under the 1991 law, the 2002 changes required such individuals to fulfill a language requirement, prove a legal income, and renounce their previous citizenship. They also became required to establish permanent residence in Russia before they could naturalize, even if they previously held propiska. The cumulative effect of these added conditions extended the time in which a former Soviet citizen could acquire Russian citizenship to as long as eight years.[27]

Dual citizenship was actively discouraged by Russian government agencies until after the 2014 annexation of Crimea. Regulations were again relaxed for citizens of some post-Soviet countries beginning in the late 2010s as a way for the Russian state to exert greater influence on neighboring states. Ukrainian citizens seeking to acquire Russian citizenship have not been required to prove renunciation of Ukrainian citizenship since 2017 and residents of Donetsk Oblast and Luhansk Oblast became eligible for expedited acquisition of Russian citizenship in 2019. The five-year residence period for naturalization was later removed for citizens of Belarus, Kazakhstan, Moldova, and Ukraine and the requirement to renounce foreign citizenships to naturalize as Russian was completely abolished in 2020.[28] Following the 2022 Russian invasion of Ukraine, the expedited acquisition process was extended first to Zaporizhzhia Oblast and Kherson Oblast in May 2022, and later to all of Ukraine in July 2022.[29]

Eurasian integration

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Russia and Belarus established the supranational Union State in 1999. Citizens of both countries automatically hold Union State citizenship, which grants eligibility to vote in Union State elections and stand for office in Union State institutions.[30] Russian and Belarusian citizens may reside and work in either country under a freedom of movement for workers established by bilateral agreement, which was later expanded to all member states of the Eurasian Economic Union (EAEU) founded in 2015. These movement rights are tied to a worker's contract of employment in another member state and do not grant automatic permanent residence rights anywhere in the EAEU.[31]

Acquisition and loss of citizenship

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Any person born in Russia automatically receives Russian citizenship by birth if at least one parent is a Russian citizen. Individuals born in the country to two foreign parents only receive Russian citizenship by birth if they cannot acquire the citizenship of either parent. Children born overseas to two Russian parents are Russian citizens by descent, while those who are born to one Russian parent only receive Russian citizenship if they would otherwise be stateless. Abandoned children found in the country are presumed to have been Russian citizens by birth if their parents cannot be found within six months.[32]

Foreigners may become Russian citizens by admission after residing in the country for more than five years while possessing a residence permit. Individuals without permits who permanently settled in Russia before 1 July 2002 are treated as if they have had a permit since the date on which they registered their place of residence. Applicants must demonstrate proficiency in the Russian language and have a legal source of income. The residence requirement is reduced to one year for individuals who have been granted asylum or refugee status, or who have made extraordinary scientific, technological, or cultural contributions. It may also be waived for citizens of other post-Soviet states who have served in the Russian Armed Forces for at least three years.[33] Additionally, the president of Russia has discretionary authority to directly grant citizenship to any foreigner.[34]

Certain groups of foreign citizens and stateless persons qualify for a facilitated acquisition of Russian citizenship without needing to fulfill a minimum residence requirement. These include: persons with at least one Russian parent who lives within Russia, former Soviet citizens permanently resident in a post-Soviet state but have not acquired citizenship in that country, and citizens of a former Soviet state who have been educated in Russian secondary schools or universities since 1 July 2002. Foreign and stateless individuals already resident in Russia may also be eligible for this simplified process if they are: former Soviet citizens born in the Russian Soviet Federative Socialist Republic, married to a Russian citizen for at least three years, a disabled person with an adult child who is a Russian citizen, a person with a Russian citizen child but a Russian spouse who is deceased or has been declared missing or otherwise unable to hold parental rights, or a person with a Russian citizen child over the age of 18 who has been declared mentally unfit by court order.[35]

Russian citizenship can be relinquished by making a declaration of renunciation [citation needed]. Parents of Russian citizen children may apply for renunciation on their behalf. Dual citizens have been refused requests to renounce their Russian citizenship.[36] In circumstances where the Russian Federation cedes territory to a foreign country, Russians living in affected territory are given a choice between retaining Russian citizenship or acquiring citizenship of the new controlling state.[37]

See also

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References

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  1. ^ "Russian Federation Federal Law on Citizenship of the Russian Federation" (PDF). globalcit.eu. 2003. Retrieved April 14, 2024.
  2. ^ https://мвд.рф/mvd/structure1/Glavnie_upravlenija/guvm/news/item/42978546/
  3. ^ https://www.advgazeta.ru/ag-expert/advices/novyy-zakon-o-grazhdanstve-chto-vazhno-znat/
  4. ^ Kondo 2001, pp. 2–3.
  5. ^ Salenko 2012, pp. 1–3.
  6. ^ Salenko 2012, p. 3.
  7. ^ Salenko 2012, pp. 3–4.
  8. ^ Salenko 2012, p. 4.
  9. ^ Sandifer 1936, pp. 614–615.
  10. ^ Salenko 2012, pp. 4–5.
  11. ^ Salenko 2012, p. 5.
  12. ^ Sandifer 1936, p. 617.
  13. ^ Salenko 2012, pp. 5–6.
  14. ^ Salenko 2012, pp. 6–7.
  15. ^ Salenko 2012, p. 7.
  16. ^ Salenko 2012, p. 10.
  17. ^ Salenko 2012, pp. 10–11.
  18. ^ Salenko 2012, pp. 10–11, 14.
  19. ^ Salenko 2012, p. 14.
  20. ^ Molodikova 2017, p. 99.
  21. ^ Molodikova 2017, pp. 103–104.
  22. ^ Bravi, Jureav & Janjic 2012, p. 14.
  23. ^ Zevelev 2021, pp. 20–21.
  24. ^ Zevelev 2021, pp. 19–20.
  25. ^ Shevel 2012, pp. 124–127.
  26. ^ Zevelev 2021, pp. 21–22.
  27. ^ Shevel 2012, pp. 127–131.
  28. ^ Zevelev 2021, pp. 23–25.
  29. ^ "Putin expands fast-track Russian citizenship to all of Ukraine". Al Jazeera. 11 July 2022. Archived from the original on 31 July 2022. Retrieved 12 August 2022.
  30. ^ Pirker & Entin 2020, pp. 528–530.
  31. ^ Pirker & Entin 2020, pp. 516–519.
  32. ^ Salenko 2012, p. 15.
  33. ^ Salenko 2012, pp. 15–16.
  34. ^ "Russia's Putin grants Russian citizenship to U.S. actor Seagal". Reuters. 2 November 2016. Archived from the original on 17 April 2022. Retrieved 15 August 2022.
  35. ^ Salenko 2012, pp. 16–17.
  36. ^ "Russian Embassy won't accept applications to renounce citizenship; Finnish pols weigh dual nationality". YLE. Retrieved 7 October 2024.
  37. ^ Salenko 2012, p. 21.

Sources

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Publications

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